Study About The System Of Juvenile Criminal Treatment

Since the20th century，with the notion of socialization and mitigation of penaltyexecution，and juvenile criminal judicial protection gradually deepening，all countriesthroughout the world have attached more importance to consider juvenile’s identity andcharacteristics. They take special measures to treat juvenile crimes，which differ from those ofadults. The research on juvenile penalty system will be beneficial for the development andperfection of juvenile criminal laws, and even the whole national criminal law system.Meanwhile, it also helps to enrich the theories of criminal law. Therefore, to construct anindependent juvenile penalty system within the juvenile judicial system is bound to jump outof the adult penalty system. Based on this, the author conducts a research about juvenilepenalty system.This article discusses the basic context of juvenile penalty system by the means oftheoretical demonstration, and also the necessity and significance of constructing a juvenilepenalty system in China, and then comes up with the basic assumptions of constructing itwhich refers to the defects of juvenile penalty system in China.Regardless of preface and acknowledgement，this article includes fours parts with nearly40thousand words.The first part focuses on the general knowledge of juvenile criminal penalty system. Itmainly defines juvenile crime, and further the content of juvenile criminal penalty system.This part also makes a brief introduction of the genre of juvenile criminal penalty system tomake a better exploration of the system. Ultimately, this part elaborates the necessity andsignificance of research on juvenile criminal penalty system from the aspects of juvenile’sphysical and psychological characteristics and necessity, crime prevention necessity, andconnecting with the international society.The second part focuses on the relevant provisions and the inner spirit of the Amendment(VIII) to the Criminal Law. The author analyzes the relevant provisions of juvenile criminalpenalty system within the Amendment (VIII) to the Criminal Law, and concludes that theAmendment to the Criminal Law has made a huge progress in constructing juvenile criminalpenalty system, including criminal injunction system, community correction system,juvenile criminal recidivism exemption system, probation system and criminal recordreporting system of partial exemption. The Amendment to the Criminal Law fully takes juvenile’s special characteristics into consideration and shows the spirit of making a balancebetween juvenile protection and society protection.The third part focuses on the drawbacks of juvenile criminal penalty system. Aftermentioned its progress in the previous part, this part continues to analyze the drawbacks ofjuvenile criminal penalty system in China. The drawbacks mainly lie on the deficiency ofparole system, recidivism system, community correction system, and other measures inaccordance with them.The fourth part focuses on the basic assumptions of juvenile criminal penalty system.After introduced it and its progress and drawbacks in China in the past parts, this part willelaborate the construction of juvenile criminal penalty system macroscopically, from theaspects of basic principles, substantive rules, organization and institutions, and also processand rules.Based on the physical and psychological characteristics of juveniles and the juvenilejudicial policy of Education Supplemented by Punishment, the author refers to the relevantexperience in foreign countries to construct a systematized juvenile penalty system. It is also apractice of the notion of People-oriented, and avoids having negative impact on juveniles byusing improper custodial sentence prison to protect normal socialization process of juveniles.